What are the general conditions for organising strikes?
The Constitution protects the right of everyone to strike. Trade unions, employees, and representatives of employees can all declare a strike.
important A strike is a final means to an end in a collective interest dispute and must be preceded by negotiations to reach an agreement. The right to strike can be exercised only if these negotiations fail.
The Collective Labour Dispute Resolution Act lays down the procedure which must be followed for a decision to strike to be made. Organisers of a strike are required to notify the other party, the Public Conciliator and the local government of a planned strike in writing at least two weeks in advance. The notice must set out the reasons, exact time of commencement and possible scope of the strike. A strike must be terminated if an agreement to this end has been reached between the disputing parties or if the strike is acknowledged as illegal.
What human rights violation may there be?
If you are in any way prevented from striking when you have a legal right to do so, including by dismissing you from a job due to striking, this may constitute a violation of your freedom of expression or freedom of assembly.
Read more about the freedom of expression and freedom of assembly and association in this Guide.